Healthcare and Law- Final Exam Study Guide

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DRS

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LHR

Legal health record (LHR): The form of a health record that is the legal business record of the organization and serves as evidence in lawsuits or other legal actions; what constitutes an organization's legal health record varies depending on how the organization defines it

EHR

Legal health record (LHR): The form of a health record that is the legal business record of the organization and serves as evidence in lawsuits or other legal actions; what constitutes an organization's legal health record varies depending on how the organization defines it

EMR

Electronic medical record (EMR): An electronic record of health-related information on an individual that can be created, gathered, managed, and consulted by authorized clinicians and staff within a single healthcare organization

ePHI

Electronic Protected Health Information (ePHI): Under HIPAA, all individually identifiable information that is created or received electronically by a healthcare provider or any other entity subject to HIPAA requirements

Stare decisis

Latin for "let the decision stand"; a legal doctrine stating that local courts within a court system are bound to follow (apply) the decisions of higher courts in the same court system in order to determine the outcome of a case, as long as the fact pattern of the case in the higher court is similar to that of the current case

Res ipsa loquitur

Latin for "the thing speaks for itself"; an exception to the plaintiff having the burden of proof in which the facts or circumstances accompanying an injury may raise a presumption, or at least permit an inference, of negligence on the part of the defendant or some other individual who is charged with negligence and the burden of proof is shifted to the defendant

Respondeat superior

Latin for "let the master answer"; the doctrine under which a hospital holds itself responsible for the actions of its employees provided those individuals were acting within the scope of their employment or at the hospital's direction at the time of the activity in question

Voir dire

The process through which a jury is selected

Res Judicata

Latin for "a matter already judged"; a legal doctrine that bars litigation between the same parties on matters already determined in a former lawsuit

Privacy Act of 1974

A law that requires federal agencies to safeguard personally identifiable records and provides individuals with certain privacy rights

Freedom of Information Act of 1967

A law covering the right of disclosure to and access by the public regarding federal agency records

A law that became effective in 1991 requiring healthcare institutions that bill Medicare or Medicaid for services to provide adult patients with information about the various types of advance directives

Offer

A communicated promise by a party to a contract to either do or not do something if the other party agrees to do or not do something

Boilerplate

Standard contract provisions

Tolled

Delay, suspend, or hold off effect of a statute

Pro se

In a lawsuit, an individual who represents himself or herself in lieu of having an attorney

Spoliation

In a lawsuit, an individual who represents himself or herself in lieu of having an attorney

Hearsay

A written or oral statement made outside of court that is offered in court as evidence

Subpoena duces tecum

A subpoena instructing the recipient to bring documents and other records to a deposition or to court

Writ of execution

A method of collecting judgment that directs the appropriate law enforcement official to seize the defendant's real or personal property to satisfy the debt owed to the plaintiff

Writ of certiorari

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Subpoena ad testificandum

A subpoena that primarily seeks an individual's testimony

Subpoena

Legal order that commands an individual to give testimony or commands the production, inspection, copying, testing, or sampling of books, documents, electronically stored information, or tangible items

Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA): The federal law requiring every hospital that participates in Medicare and has an emergency room to treat any patient in an emergency condition or active labor, whether or not the patient is covered by Medicare and regardless of the patient's ability to pay; COBRA also requires employers to provide continuation benefits to specified workers and families who have been terminated but previously had healthcare insurance benefits

Grievance procedure

The steps employees may follow to seek resolution of disagreements with management on job-related issues

Deemed status

Enables a Joint Commission-accredited healthcare organization to use its accreditation status in lieu of a separate Medicare or Medicaid Conditions of Participation healthcare organization certification process

Economic credentialing

Granting medical staff privileges to a provider based on volume of services rather than quality of care

Court order

A document issued by a judge that compels certain actions, such as testimony or the production of documents such as health records

FMECA

Failure Mode Effect and Criticality Assessment (FMECA): A methodology for determining the cause of sentinel events

EMTALA

Emergency Medical Treatment and Active Labor Act (EMTALA): A 1986 law enacted as part of the Consolidated Omnibus Reconciliation Act largely to combat "patient-dumping"—transferring, discharging, or refusing to treat indigent emergency department patients because of their inability to pay

SMDA

Emergency Medical Treatment and Active Labor Act (EMTALA): A 1986 law enacted as part of the Consolidated Omnibus Reconciliation Act largely to combat "patient-dumping"—transferring, discharging, or refusing to treat indigent emergency department patients because of their inability to pay

UHCDA

Emergency Medical Treatment and Active Labor Act (EMTALA): A 1986 law enacted as part of the Consolidated Omnibus Reconciliation Act largely to combat "patient-dumping"—transferring, discharging, or refusing to treat indigent emergency department patients because of their inability to pay

Health Care Quality Improvement Act

Health Care Quality Improvement Act (HCQIA): A 1986 act that requires facilities to report professional review actions on physicians, dentists, and other facility-based practitioners to the National Practitioner Data Bank (NPDB)

NPSG

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NPDB

National Practitioner Data Bank (NPDB): A data bank created by the 1986 Health Care Quality Improvement Act that collects malpractice, disciplinary, and credentialing information on physicians, dentists, and other facility-based practitioners

DPOA

National Practitioner Data Bank (NPDB): A data bank created by the 1986 Health Care Quality Improvement Act that collects malpractice, disciplinary, and credentialing information on physicians, dentists, and other facility-based practitioners

DPOA-HCD

National Practitioner Data Bank (NPDB): A data bank created by the 1986 Health Care Quality Improvement Act that collects malpractice, disciplinary, and credentialing information on physicians, dentists, and other facility-based practitioners

HIPDB

National Practitioner Data Bank (NPDB): A data bank created by the 1986 Health Care Quality Improvement Act that collects malpractice, disciplinary, and credentialing information on physicians, dentists, and other facility-based practitioners

POA

Power of attorney: A legal instrument used by a principal (person) to grant legal authority to one or more agents to make certain legal and financial decisions on behalf of the principal

IOM

National Practitioner Data Bank (NPDB): A data bank created by the 1986 Health Care Quality Improvement Act that collects malpractice, disciplinary, and credentialing information on physicians, dentists, and other facility-based practitioners

Leapfrog group

Leapfrog Group: A voluntary program founded in 2000 that is composed of a consortium of major companies and other entities that are responsible for purchasing health care coverage for employees; the program encourages the public to report outcomes and runs a Hospital Rewards program to reward providers for improving quality, safety, and affordability

Registries

Registry: A database including information about a particular disease or condition; more information is obtained for registries than is required for communicable diseases

Reportable Deaths

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Common Law

Common law: The body of law (that is, judicial or case law) that is created when a court renders a decision as the result of a dispute

Civil Law

Civil law: Noncriminal law

Public Law

Public law (PubL): The branch of law concerned with the federal, state, or local government and its relationship to individuals and business organizations; the most familiar form of public law is criminal law

Constitutional Law

Constitutional law: Body of law that deals with the amount and types of power and authority that governments are given

Private Law

Private law: The branch of law concerned with the rules and principles that define rights and duties among people and among private businesses

Case Law

Case law: The body of law that is created when, as the result of a dispute, a court renders a decision

Judicial Law

Judicial law: The body of law created as a result of court (judicial) decisions

Tort

Tort: A civil wrong for which the law provides a remedy in the form of a lawsuit to recover damages

Advance Directive

Advance directive: A legal document that specifies an individual's healthcare wishes in the event that he or she has a temporary or permanent loss of competence

Living Will

Living will: A document executed by a competent adult that expresses that individual's wishes to limit treatment measures when specific health-related diagnoses or conditions exist

Express Consent

Express consent: Consent that is communicated through words, regardless of whether those words are written or spoken

Implied Consent

Implied consent: Consent for medical treatment that is communicated through a person's conduct or some other means besides words

Informed Consent

Implied consent: Consent for medical treatment that is communicated through a person's conduct or some means besides words